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March 19, 2014 edition. Webmaster note: I formatted the letter as little as practical to insert live links.

JERALD D. VANTINE
2499 STATE LANE
BIG BEAR CITY, CA. 92314
909 584-2323

pg. 1 of 5
Feb. 24, 2014
San Bernardino County
Land Use Services Dept.-Planning Division
385 No. Arrowhead Ave. First Floor
San Bernardino, Ca. 92415-0182
Attn: Oxso Shahriari, Planner
RE: APN 0315-231-17 & 0315-085-28
Applicant: Munem Maida
OPPOSITION RESPONSE TO PROPOSED
EAGLE RIDGE MARKET/GAS STATION
ERWIN LAKE, CA.

Review of the “initial study environmental checklist” for the proposed gas station and market at the corner of State Highway 38 and County Road State Lane in Erwin Lake has left unanswered questions that need to be addressed. A full Environmental Impact Report is needed to address many of the substantiations in the report's evaluation of the impact to the area in several of the guidelines for the California Environmental Quality Act and the Clean Water Act and the Santa Ana Regional Water Quality control Board.

It needs to be noted that this project is on virgin land and is breaking new ground in the San Bernardino County for such an enterprise to be established. It will be the only gas station/market in the county in a 50 MPH zone with no signal, no turn lanes or frontage roads. It will forever change the character of the area and will be detrimentally growth inducing.

pg. 2 of 5: Opposition Eagle Ridge Market/Gas Station

The impact report states that the enterprise will use the existing infrastructure for storm water management. There is no infrastructure in place to support this , including but not limited to underground urban runoff controls. Currently storm water, ice melt runoff is gravity flow over ground downhill, downstream to Shay Meadows within 1 mile. Waste Discharge Requirements for Urban Runoff are listed in permit program R8-2010-0036, 1/29/10. Shay Meadows is listed in this Fact Sheet under Big Bear Watershed, Shay Meadows

Office of Administrative Law 9 page rejection of Board of Forestry and Fire Protection, Timber Harvest Plan Interim Watershed Mitigation Plan

SECTION II
Dispute of Traffic Report for Eagle Ridge Market and Gas Station located on State Lane, Erwin Lake, County of San Bernardino

The Traffic Report prepared by Hall & Foreman 6/13/13 has erroneously reported the traffic incidents for the study period for the intersection of Highway 38 and State Lane. On page 6 the traffic signal warrant analysis states “the level of safety of the intersection was considered by reviewing the accident history for the intersection.” The Transportation Injury Mapping System was referenced. This report for Highway 38 and State Lane showed that a “single” accident occurred within the five year data period. The accident occurrence threshold was not met to require a traffic signal with concern for safety.
Click for Hall & Foreman report

letter from Lt. J. Holguin, Commander of the Arrowhead area of the California Highway Patrol. It states that there were 10 accidents from 1/1/08 to 2/24/14. 5 injury with 1 fatality, 5 non-injury. Cal Trans has been informed of this discrepancy. This is a significant difference in the facts and San Bernardino County and Cal Trans need to review and reassess the necessity of a signal, turn lanes or frontage road to insure the safety of the public.
The report does not include the geometric design of the intersection of State Highway 38 and State Lane. The north bound right turn from Highway 38 onto State Lane is NOT the normal 90 degree turn of most two way stops from highway to residential street. This turn is in the 110 degree to 120 degree turn range which is more awkward for drivers to negotiate.

Pg 2 of 5 Opposition Eagle Ridge Market/Gas Station
The speed limit on State Highway 38 is 50 MPH. The report states that no turn lane or reduction of speed will be necessary. Drivers unfamiliar with this sharp turn onto State Lane to access the business will be at risk. Common sense indicates a potential for higher traffic incidents at this intersection. With or without “Winter Road Conditions.”
Without a signal, or turn lanes there is a potential of traffic disruption including emergency response vehicles, public transportation, “MOUNTAIN TRANSIT ”, and school buses.
There is a possibility of service and delivery vehicles to this business being unable to negotiate turns onto the property within the space of the narrow curved traffic lane.
During winter road conditions the potential is high for street closure caused by a multiple axle vehicles becoming inoperable.
State Lane is the only paved road access from the Erwin Lake community to Highway 38. Emergency response vehicles, public transportation and school buses would be impacted by any closures. School buses and public buses could be stopped from leaving State Lane and continuing their routes in a timely manner, or stranded on Highway 38 in the southbound single lane awaiting access to State Lane in 50 MPH traffic. Public safety is a risk.

SECTION III

Substantiation Dispute: I. Aesthetics d) the lighting of the commercial enterprise will forever change the night sky to residents adjacent . Some of the residences are within “feet” of the proposed enterprise. This is a potentially significant impact.

Substantiation Dispute: I. Aesthetics d) Line of sight from Highway 38 to the business is very limited. There is no indication where the sign for the enterprise will be located including but not limited to height and/or visibility from Highway. Potentially impacting ingress and egress difficulty with increased traffic incidents. This is a potentially significant impact.

pg. 4 of 5 Opposition: Eagle Ridge Market/Gas Station

Substantiation Dispute: IV. Biological Resources a) the impact report does not include the Endangered Species nearby. Urban runoff is a direct threat to the Federal and State of California Endangered and Fully Protected “Unarmored Threespine Stickleback Fish."
On February 20, 2014 the Wildlife Conservation Board funded a grant for the Shay Meadows Conservation Area Expansion, San Bernardino County, for habitat for the Unarmored Threespine Stickleback Fish and 5 federal-listed plants. The distance of the stickleback pond habitat, which was established in 2002, is less than 1 mile downhill, downstream of the proposed project. Federal Grant for Shay Meadows Conservation Area Expansion for habitat for unarmored three-spine stickleback and five federally listed plants:
  • Habitant and Species of the San Bernardino and San Jacinto Mountains
    Scott Dawson Cal Fish & Game, Nancy Ferguson, US Fish and Wildlife.
  • Bird-foot checkerbloom State and Federal Endangered
  • Ash-grey Indian paintbrush Federal Threatened
  • Big Bear Valley Sandwort Federal Threatened
  • San Bernardino Mountains bladderpod Federal Endangered
  • Cushenberry oxytheca Federal Endangered
  • Map of Federally listed Animal Species.
  • This is a potentially significant impact.

    Substantiation Dispute: IV. Biological Resources a) Urban runoff is a direct threat to the Federal and State Endangered plant species in the area.
    Waste Discharge Requirements for San Bernardino County Flood Control Districts.
  • Page 2 pollution control work with other agencies.
  • Pg 3 Bacterial contaminants from urban development
  • Petroleum Products pollutants
  • Clean Water Act implementation National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters.
  • Storm Water regulations to protect beneficial uses of the receiving waters.
  • Approximately 7% of county surface area drains into water bodies within area board's jurisdiction.
  • Area wide board permit covers multiple agencies for pollution control techniques during planning, construction and post construction.
  • Sub-watersheds & Major Challenges
  • continuation of above
  • continuation of above
  • Storm Water Pollution Control work with other agencies.
  • Addressing water quality issues if discharge contains pollutants, separate NDPES and waste discharge permits required

  • This is potentially significant impact.


    Substantiation Dispute IV. Biological Resources c) A full impact report governed by the California Regional Water Quality Control Board is needed to determine hydrological pollution interruption for the high water table and local municipal and private wells. Map of Greenspot Recharge Site
    This is potentially significant impact.


    Substantiation Dispute IV. Biological Resources f) The report does not cover the habitat for the endangered Stickleback Fish
    This is potentially significant impact.


    Substantiation Dispute: VIII. Hydrology and Water Quality c) There is no infrastructure to support control of storm water or ice melt drainage pattern for new urban runoff. All storm water, snow melt, and ice melt is gravity flow over ground to lower elevations directly to Shay Meadows.
    This is potentially significant impact.


    Substantiation Dispute: VIII. Hydrology and Water Quality e) There is no infrastructure to support control of storm water or ice melt drainage pattern for new urban run off including polluted runoff. See 13 item list above of Waste Discharge Requirements
    This is potentially significant impact.


    Pg 5 of 5: Opposition: Eagle Ridge Market/Gas Station

    Substantiation Dispute VIII. Hydrology and Water Quality f) A full impact report governed by the Santa Ana Region SBCFCD is needed to determine the hydrological pollution interruption for the high water table and purity of local wells.
    This is potentially significant impact.


    Substantiation Dispute: IX c) Does not address habitat for Endangered and Fully Protected Stickleback Fish pond.
    This is a potentially significant impact.


    Substantiation Dispute: XV: d) Does not address narrow 2 lane curved road at ingress and egress with periods of heavy snow and ice accumulations for large multiple axle delivery vehicles, creating traffic congestion and/or blockage of access use to the only paved road to State Highway 38 for residents and visitors. This includes potential disruption of the service of public transportation, emergency response, and school buses. Potential incidents are increased for school buses being delayed for left turn onto State Lane, leaving them vulnerable to 50 MPH traffic in the single southbound lane of Highway 38
    This is potentially significant impact.

    Substantiation Dispute: IVI: c) Does not address lack of existing infrastructure for storm water drainage and urban runoff which is gravity flow downstream over ground to continually lower elevations toward Shay Meadow. No other infrastructure is currently in place. This is potentially significant impact.

    Substantiation Dispute: XVII. a) Does not address endangered and protected habitat for Stickleback pond and/or 5 endangered plant species caused by urban runoff of new facility.
    This is potentially significant impact.

    Substantiation Dispute XVII. c) Does not address that fact that virgin land converted to a new stand alone commercial petroleum enterprise will forever change the environmental effects for humans directly or indirectly.
    This is potentially significant impact.

    SECTION IV
    Opposition closing remarks.
    Our beautiful alpine environment is home to special people who love the mountain lifestyle. It is also home to wildlife, habitats for the endangered species of animals, fish and plants. These environmentally sensitive areas all over the state are being diminished. They need to be protected for future generations.
    We strive to maintain that delicate balance of rural living within the bounties of nature. Our mountain community is a valuable asset to tourism, research and education for San Bernardino County. The impact of urban enterprise should be limited to protect our fresh mountain air, pure water, natural resources wildlife habitats, and recreational opportunities.
    It needs to be mentioned that at a November 2013 public information meeting for residents of the Erwin Lake area, Steeno Design Studio introduced Mr. Munem Maida as the owner of this property. It was reported by those present that Mr. Maida would not confirm that he was indeed the owner upon direct questioning. He did however attempt to mislead and misrepresent to the public by stating that this was a “done deal” and opposition would be futile. He continued by stating that close by competing small businesses that have been on this mountain for generations would “suffer devastating losses.”

    San Bernardino County is a Principal Permit-tee for Waste Discharge Requirements for the San Bernardino County Flood Control District (SBCFCD), the county of San Bernardino, and the Incorporated Cities of San Bernardino County within the Santa Ana Region, area wide Urban Storm Water Runoff Management Program Order No R8-2010-0036.1/29/10 Storm Water Pollution Control work with other agencies.

    Urban runoff is defined as all flows in a storm water conveyance system and consists of the following components:
    1)storm water (wet weather flows and 2) non-storm water dry weather flows. Specifically for this project- Petroleum products (oil, grease, petroleum hydrocarbons, PAHs).
    2. Runoff and atmospheric deposition from land activities, shipping and tanker operations, accidental spills, oil gas production activities, natural seepage, PAHs from internal combustion engines.
    3.Petroleum hydrocarbons can affect bottom organisms and larvae, spills affect birds, mammals and aquatic life. While oil pollution from ships, accidental spills and production activities has decreased, diffuse inputs from land-based activities have not. (per State of California Regional Water Quality control Board, Santa Ana region,) Petroleum Products pollutants.
    According to the following linked EPA- Managing Urban Runoff- article “impervious surfaces such as pavement and rooftops generate 9 times more runoff in a typical city block than a woodland area of the same size.” Managing Urban Runoff page 1 and page 2

    The County of San Bernardino and Cal Trans have an obligation to insure that any developer in the mountain communities of Big Bear be held to the highest standards for Clean Air and Clean Water. Any new business on the scenic corridor of Highway 38 must include infrastructure for public safety , clean air and clean water.

    Sincerely,
    Jerald D. Vantine
    Barbara C. Vantine
    2499 State Lane
    Erwin Lake, Ca. 92314
    909 584-2323
    vantinespines@rocketmail.com


    OPPOSITION RESPONSE
    TO PROPOSED
    EAGLE RIDGE MARKET AND GAS STATION
    ERWIN LAKE, CA.


    PREPARED BY
    JERALD AND BARBARA VANTINE
    2499 STATE LANE
    ERWIN LAKE, CA. 92314
    February 27, 2014

    TABLE OF CONTENTS

    SECTION I
    SAN BERNARDINO COUNTY INITIAL STUDY
    ENVIRONMENTAL CHECKLIST FORM APN 0315-231-17 & 0315-085-28

    SECTION II TRAFFIC REPORT (Hall & Foreman, Inc. 6/13/13)
    EXISTING TRAFFIC ANALYSIS / SIGNAL WARRANT ANALYSIS DEPARTMENT OF CALIFORNIA HIGHWAY PATROL LETTER REGARDING TRAFFIC COLLISIONS FOR STATE HIGHWAY 38 AND COUNTY ROAD STATE LANE, ERWIN LAKE 2/24/14

    SECTION III IMPACT SUBSTANTIATION DISPUTES
    OPPOSITION RESPONSE TO PROPOSED ENTERPRISE LETTER
    PER INITIAL STUDY ENVIRONMENTAL CHECKLIST
    HISTORY OF ENDANGERED SPECIES -SHAY MEADOWS
    1. REPORT: THE GRIZZLY JULY 29, 2009 “CSD1. RE BUYS LAND FOR A LITTLE FISH”
    2. REPORT: SIERRA CLUB MOUNTAINS GROUP, SAN GORGONIO CHAPTER
    WILDLIFE CORRIDORS IN AND NEAR SAN BERNARDINO MOUNTAINS (POLICY ZONES)
    3. HABITATS AND SPECIES OF THE SAN BERNARDINO AND SAN JACINTO MOUNTAINS
    4. REPORT: U.S. FISH AND WILDLIFE SERVICE 5 YEAR REVIEW SUMMARY AND EVALUATION FOR UNARMORED THREESPINE STICKLEBACK MAY 29, 2009
    5. REPORT: WILDLIFE CONSERVATION BOARD FEDERAL GRANT OF FEB. 20, 2014

    CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANTA ANA REGION,
    SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT INFORMATION
    1. BASELINE GROUNDWATER CONDITONS AND AREA WELLS FOR GREENSPOT RECHARGE SITE MAP
    2. MANAGING URBAN RUNOFF, FROM EPA WATER: OUTREACH & COMMUNICATION
    3. FACT SHEET, 1/29/10 R8-2010-0036 FOR SAN BERNARDINO COUNTY FULL REPORT

    SECTION IV
    OPPOSITION CLOSING REMARKS
    Email to Joe Nix,  webmaster by copy and paste  nixit@charter.net